Jury Trial Demand Withdrawn In San Bernardino
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(d) Waiver; Withdrawal. A party waives a jury trial unless its demand is properly served and filed. A proper demand may be withdrawn only if the parties consent.
The process for requesting a permanent medical excuse from jury service is as follows: (1) An applicant must submit to the jury commissioner a written request for permanent medical excuse with a supporting letter, memo, or note from a treating health care provider.
This right is also preserved in Article I, Section 16 of the State Constitution of California. However, there may be times when it's in your best interest to waive your right to a jury trial, whether in favor of a bench trial, where a judge decides your verdict or as part of a plea deal.
(5) "Permanent medical excuse" means a release from jury service granted by the jury commissioner to a person with a disability whose condition is unlikely to resolve and who, with or without disability-related accommodations, including auxiliary aids or services, is not capable of performing jury service.
If you are 70 years of age or older, the California Rules of Court allow you to be excused due to a medical condition without a doctor's note. You must inform the court that you are not able to serve.
To defer jury service you may either use the automated phone system at 866-402-JURY (5879) or click here. You must provide your Juror ID number located on your jury summons.
You may be excused if you have a serious health problem. If you are sick or injured, you may postpone your service or request an excuse. If you are disabled, you may request a permanent medical excuse. Follow the directions on the summons for postponement or excuse.
In the demand a party may specify the issues which the party wishes so tried; otherwise the party shall be deemed to have demanded trial by jury for all the issues so triable.
A case is withdrawn when the DA says that they are not moving forward on the charges, a case is dismissed by a court when either (1) there is insufficient or inadequate evidence, (2) the DA asks for it to be dismissed, or (3) there was some agreement for the case to be dismissed.